On May 18, 2003 I was contacted by OCC independent member, Mr. Ted Cairns. Ted had been pulled over that afternoon while riding his 2002 FLSTC at legal speed, in the Peterborough area and ticketed for Unnecessary Noise. The officer ran a tape measure up his Vance and Hines Longshots, deemed them illegal on the spot and handed Ted a ticket for $110.00.
Ted filed for a trial date and his case was heard Dec. 1, 2003. Ted chose to retain the services of David Ross (1-705-742-9217), to represent him. Mr. Ross is a Harley riding attorney with some serious concerns over the methods police are using to harass riders.
At trial Mr. Ross pointed out to the court that the Highway Traffic Act does not define "unnecessary noise", and showed the judge several cases of law that have been overturned on this basis. In all these cases the judges ruled that unnecessary noise had to be a direct and purposeful action of the defendant at the time of the charge or that the unnecessary noise would not be subject to criminal charges. In Ted's case the Crown Attorney argued that the simple act of switching from a stock exhaust system to the Vance and Hines was the act that created the unnecessary noise. The judge disagreed with the Crown and the case was dismissed.
We can see that through this decision that Bill 241 (aka the Street Racing and Vehicle Modification Act) is a little less stronger than it used to be. By picking away at this ridiculous law, it can be amended or even repealed.
A big congrats to Ted for refusing to knuckle under to this silly law, and to attorney David Ross. Ted can be reached at 1-705-745-2696 or I can forward your emails to him.
Ontario Confederation of Clubs